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Wellfleet Planning Board
Minutes of Meeting of March 5, 2003
Town Hall Hearing Room
Present: Dennis O'Connell, Chair; Helen Miranda Wilson, Mark Berry, David Wright, Alfred Pickard; Rex Peterson,
Assistant Town Administrator
Excused: Lisa Brown, Gerald Parent
Public Hearing to Consider Proposed Amendments to the Town of Wellfleet Zoning By-laws. Chair O'Connell declared the hearing, which was attended by many citizens of Wellfleet, open at 7:05 p.m. Copies of the legal notice containing the proposed bylaw changes having been distributed to the audience, the Chair noted that the Planning Board had been preparing these changes for some time (see minutes of 11/6/02, 11/20/02, 12/4/02, 1/15/03, and 2/5/03), and that the proposed changes had been sent to the Board of Selectmen and referred back to the Planning Board for this duly advertised Public Hearing. (A copy of the proposed articles, as amended by this meeting, are appended to these minutes.)
Articles A, B, C: Health Care Clinic. The Chair explained that the first three amendments have to do with the addition of "Health Care Clinic" to the bylaws; Article A adds it to Definitions, Article B adds it to 6.3.11, Parking Requirements, and Article C adds it to 5.3.4, Use Regulations, Institutional Use Schedule. Comments and questions from the audience included:
Bob Costa asked whether this was to cover the existing health care clinic; the Chair replied that the existing clinic was grandfathered and that this action would cover it if it ever wished to move location.
Peter Watts asked about what the Seashore Park had said about commercial use; the Chair replied that this amendment was for the town bylaw; Building Inspector Asmann noted that the park was aware of the proposal.
To Jean Schaefer's questioning the use of the term "Professional Offices" in Article B, Rex Peterson explained that this language already existed in the bylaw and was not a change.
Rick Asmann asked for clarification, in Article D, of whether one principal use was intended for one lot. The Chair replied that the intent was multiple principal uses on one lot. Asmann then inquired if (in 5.3.4) whether a special permit would be given to one principal use or both. The Chair suggested that the Board act on A, B, and C before considering later Articles.
Helen Wilson moved to recommend Article A as it appears on the legal notice; Mark Berry seconded. The motion passed, 5-0. Helen Wilson moved to recommend Article B as it appears on the legal notice; David Wright seconded. The motion passed, 5-0. Mark Berry moved to recommend Article C as it appears on the legal notice; David Wright seconded. The motion passed, 5-0.
Article D: Definition of Principal Uses. Helen Wilson explained that there are major categories of use and (although this is not described in a summary) all uses fall into a larger category. She added that two principal uses on a lot require a special permit.
Asmann noted that this distinction was important to him.
Bob Costa felt that the Board must make specific that each principal use requires a special permit.
Discussion followed using the IGA building as an example. Asmann asked if each business was considered a principal use. Peter Watts noted that the ZBA had questioned how many uses the IGA building could have.
Asmann stated that there was merit in Counsel Elizabeth Lane's argument that Wellfleet's categories are its principal uses. He continued that adding another use to the Post Office building requires qualification. Asmann then inquired if the intent of the proposed bylaw was to make each box (numbering 70) under the categories (Section 5.3) a principal use. Alfred Pickard asked Asmann if he was concerned with combining a principal use from the categories with several uses by right. Asmann replied no--that he needed clarification of principal use. He further stated that if each line item were an individual principal use, the re-use of a building in the commercial district would be stifled.
Helen Wilson and Arlene Kirsch suggested clarifications of the definition of Principal Uses. Ensuing discussion concerned how these rewordings fit the Planning Board's intention for the definition of principal use.
Bob Costa noted that there was a need to clarify how many of these uses have to come before the Zoning Board. (Later in the discussion, Alfred Pickard stated that 52 of the uses noted in 5.3 need special permits and are not given by right.) In a deviation from the main topic, Costa commented on the traditional method of filing ZBA hearings by date rather than by lot and parcel number, noting that subsequent filings do not immediately pull up a history of earlier filings.
The Building Inspector stated that if the Planning Board interprets all 70 uses under 5.3 as principal uses (rather than the 5 categories), this would be Helen Wilson felt that it would not be disastrous to ask the Zoning Board to consider specific areas, a specific part of town, a specific two usesAsmann reiterated that he favored multiple uses on a lot but felt the bylaw would be disastrous because it would make all of the Central District non-conforming and that it did not go far enough in not addressing the Central District.
David Wright noted that both Wilson and Asmann agreed that the special permit was the defining factor; in response to Steve DurkeeArlene Kirsch stated that the burden was on Planning Board as the regulatory body to make its intention clear here; Wilson referred back to her suggested wording change to the definition. Assistant Town Administrator Rex Peterson stated that Planning Board had not intended to designate 70 principal uses but had wanted the 5 larger categories to be principal uses, noting the language of the definition of Principal Uses (which the Board had moved to accept, 4-0) contained in the 1/29/03 draft of proposed amendments. Wilson argued against this interpretation, stating that it would make it unnecessary to go before Zoning Board to add another principal use.
Bob Costa noted differing perceptions of Principal Use and suggested a continuance of the discussion. Building Inspector Asmann agreed with Peterson and Town Counsel that there are 5 principal uses.
Helen Wilson moved that the Board recommend the definition of Principal Uses be: Article E: Definition of Lot. Asmann suggested the wording change · Helen Wilson commented that the definition of Lot in subdivision control law is different from the Wellfleet bylaw definition; she added that the state was not a model the Board should follow here. Asmann added that Wellfleet· Mark Berry moved and David Wright seconded the motion that Planning Board recommend the amended definition of Lot as it appears in the legal notice; the motion to recommend passed, 5-0.
Article F: Addition of Section 5.4.13 to Intensity of Use Schedule. To this proposed addition of a section allowing more than one principal use on a lot in the C and C2 districts through ZBA granting of a special permit, Asmann suggested wording changes: removal (as redundant) of single from changes were later approved by vote.
· Helen Wilson returned to earlier Planning Board debate over the mixed-use article, stating that there was a problem with the article as it was now worded, that she disapproved of · Building Inspector Asmann replied that the types of residential dwellings that can be created in Wellfleet are limited and apartments are not one of them. He added that one could not create a · Steve Durkee asked how it would be possible to create housing for these people; Tommy Adams suggested building moderate-cost condominiums or multiple-family dwellings.
· Chair O· Asmann suggested another bylaw article in which residential into commercial would be extended into the Central District. Berry noted that the Board had discussed starting small; Alfred Pickard added that the Board also had discussed redefining the Central District.
· Wilson reminded the Board that the Local Comprehensive Plan lists housing as a concern; she asserted that landlords, when making a choice on whether to rent affordably, would choose the simpler process in which they could charge more money and that Wellfleet already had 305 units that provided that kind of rental.
· Mark Berry illustrated the need that small business owners have for housing by using the hypothetical example of a baker who buys land, constructs a bakery building in Wellfleet, spending a possible half-million dollars to do so, and still needs a place of residence; this person would be served by a bylaw which allowed him to put a residence on his commercial lot.
· Jeff Stewart, expressing a point of order in the interest of the audience, pointed out that this hearing was designed to elicit public input, not for Board debate.
· Alfred Pickard moved that Planning Board recommend that Article F, as amended, be adopted as Section 5.4.13 of the Wellfleet Zoning Bylaw; Mark Berry seconded. In subsequent discussion, it was established that under this bylaw a residence could be allowed over a workshop with a special permit. Steve Durkee questioned whether this bylaw would eviscerate the Affordable Accessory Bylaw. Building Inspector Asmann asked if the Board had found that any of the 70 categories should never be mixed and whether it had any recommendations concerning this. The Chair replied that, upon discussion, the Board had decided that the Zoning Board's
special permitting process should handle this question.
· Helen Wilson expressed herself as disturbed that at no point was there any analysis of the number of dwelling which might be constructed; her other objection was that the C2 zone had been added quickly at the end of the discussion.
· The vote having been called, the motion passed, 4-1 (Wilson). David Wright asked if this motion could be amended on the floor of Town Meeting; Peterson answered that it could.
Articles G and H: Amendment of Affordable Accessory Dwelling By-law and Definition. The final two articles proposed amendment to by-law Section 6.21.2 and to the Definition of · Elaine LaChappelle asked how long such conditions would last; the Chair answered that they would extend over the time that the affordable rental was offered. To Steve Durkee· Bob Costa feared that persons would apply for special permit and then fail to use their rentals appropriately by not offering them affordably; Helen Wilson said that this can already happen and does when people build new units and put illegal kitchens in them. Further discussion included Steve Durkee· Alfred Pickard moved that the Planning Board recommend Article G amending Section 6.21.2 of the Wellfleet Zoning By-laws as printed; Mark Berry seconded; the motion passed, 5-0. Pickard moved that the Planning Board recommend Article H amending the Definition of Dwelling, Affordable Accessory as printed; Berry seconded; the motion passed, 6-0.
Building Inspector Asmann commended the proposed by-law revisions as a good start and added that the Board needs to move on a by-law for mixed use in the Central District. Chair OOther Business:
Revision of Subdivision Regulations. Rex Peterson informed the Board that a draft of the rewritten regulations would be mailed to them on Friday after being received from Patty Daley; this should give everyone time to examine them for a discussion at the meeting of March 19. Ms. Daley will attend the April 2 meeting. The Chair noted that Ms. DaleyMinutes of February 19, 2003. Chair OMail. Chair O'Connell reviewed the mail:
Environmental Notification Form (with plan dated 1/31/03) of proposal from Bourne Consulting Engineering for "repair of the stone revetment along the perimeter of the pier and to bring the stormwater runoff to the harbor into compliance with DEP Stormwater Management Guidelines. It involves rehabilitation at the Wellfleet Town Pier (Shirttail Point) including reconstruction of the stone revetment, removal of the wooden pier and reconstruction of the parking lot."
Memo from Rex Peterson (2/25/03) containing a proposal from Open Space/Land Bank Committee for a process for reviewing requests for town-owned land. The Chair suggested that the Board members read the proposal for discussion at the 3/19/03 meeting.
Notice of filing of appeal against the Planning Board and AT&T Wireless, PCS, LLC regarding the recent Planning Board decision; a copy of the complaint appealing the decision is attached.
The Board voted unanimously to adjourn the meeting at 9:25 p.m.
Respectfully submitted,
______________________________ ______________________________
Frances J. Castillo, Assistant to the R. Dennis O'Connell, Chair
Committee Secretary _________________________Date
Zoning By-law Revisions with Planning Board Recommendations
Revised March 6, 2003
Following the March 5, 2003 public hearing
Article : To see if the Town will amend the Wellfleet Zoning By-laws, Section II, Definitions, by adding
Health Care Clinic
PLANNING BOARD RECOMMENDS 5-0
This article would add a definition of Health Care Clinic to the Zoning By-law. The closest existing definition is for a Hospital, but there are important differences between the two types of facilities and their impact on the surrounding neighborhood.
Article : To see if the Town will amend the Wellfleet Zoning By-laws, Section 6.3.11, Parking Requirements, by adding
6.3.11 Health Care Clinic, Medical or Dental Center or Professional Offices
PLANNING BOARD RECOMMENDS 5-0
This article would add Health Care Clinic to the already existing parking requirement that includes Medical or Dental Center or Professional Offices. It is a similar use with similar demands for parking for patients and staff.
Article : To see if the Town will amend the Wellfleet Zoning By-laws, Section 5.3, Use Regulations, Section 5.3.4, Institutional use schedule, by adding the following, or do or act anything thereon:
5.3.4 Institutional
CD R1 R2 NSP C C2
Health Care Clinic A A A A A A
A = An allowed use in all zones with a Special Permit from the Zoning Board of Appeals
PLANNING BOARD RECOMMENDS 5-0
This article would make a Health Care Clinic an allowed use in any district with a Special Permit from the Zoning Board of Appeals. This article and the two previous articles are proposed in anticipation of Outer Cape Health Services need to relocate in order to expand its facilities and services. Because of the limited health care services available on the Lower Cape, it is in the Town
Article : To see if the Town will amend the Wellfleet Zoning By-laws, Section II, Definitions by adding the following, or do or act anything thereon:
Principal Uses
PLANNING BOARD RECOMMENDS 5-0
This article would add a definition of
Article : To see if the Town will amend the Wellfleet Zoning By-laws, Section II, Definitions,
Lot - Parcel of land occupied or intended to be occupied by one main Principal Building or Principal Use and its accessory buildings, except as provided for in Section 5.4.13 of these By-laws, together with such open spaces as are required under the provisions of this By-law, having not less than the minimum area required by the By-law for a lot in the district in which such land is situated, and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of the law to be adequate as a condition of the issuance of a building permit for a building on such land.
PLANNING BOARD RECOMMENDS 5-0
The current definition of
Article : To see if the Town will amend the Wellfleet Zoning By-laws, Section 5.4, Intensity of Use Schedule, by adding the following, or do or act anything thereon:
5.4.13 Intensity of Use Application to More Than One Allowed Principal Use and/or Principal Building on a Lot
More than one allowed Principal Use and/or Principal Building may be permitted on a lot in District C and District C2 with a Special Permit granted by the Zoning Board of Appeals in accordance with Section 8.4.2 of the Wellfleet Zoning By-laws.
PLANNING BOARD RECOMMENDS 4-1
This addition to the By-law would allow more than one Principal Use and/or Principal Building on a lot in District C and C2 with a Special Permit from the Zoning Board of Appeals. This change would allow combinations of uses on a single lot, for example, commercial and residential or the Wellfleet Harbor Actors Theatre to build a new facility on the same lot as the Post Office. The majority of the Planning Board believes this change will create new housing and business opportunities in the two commercial zones while ensuring through the Special Permit process that the interests of the surrounding neighborhood are protected.
Article : To see if the Town will amend the Wellfleet Zoning By-laws, Section 6.21.2, as follows, or do or act anything thereon:
6.21.2 Affordable accessory dwelling units created under this by-law shall be occupied exclusively by income-eligible households, as defined by the guidelines in numbers 6.21.4 and 6.21.5 below. The affordability requirements of this by-law shall be imposed through the recording of an affordable housing deed restriction in a form satisfactory to conditions attached to the Special Permit issued by the Zoning Board of Appeals. No accessory apartment shall be constructed or occupied until proof of recording is provided to the Inspector of Buildings.
PLANNING BOARD RECOMMENDS 5-0
This article would change the language in the Affordable Accessory Dwelling Unit By-law to impose affordability requirements on any units created under the by-law through a condition attached to the required Special Permit rather than through a deed restriction. The Planning Board believes this will allow more flexibility for property owners and will also improve the Town
Article : To see if the Town will vote to amend the Town of Wellfleet Zoning By-laws, SECTION II, DEFINITIONS,
Dwelling, Affordable Accessory
PLANNING BOARD RECOMMENDS 5-0
This article would change the definition of
Rex Peterson
Assistant Town Administrator
508-349-0349, fax 508-349-0305
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